TITLE V: PUBLIC ORDER, SAFETY, AND HEALTH
CHAPTER 2
SEWAGE TREATMENT SYSTEMS
5-2-1 Purpose
5-2-2 Definitions
5-2-3 Scope
5-2-4 Construction, Use and Operation of
On-Site Sewage Treatment Systems
5-2-5 Variances
5-2-6 Inspections
5-2-7 Connection to an Available Sanitary
Sewer
5-2-8 Flow Rates for Non-Residential
Structures
5-2-9 Sand Filters
5-2-10 Maintenance
5-2-1 Purpose. A Chapter establishing rules and
regulations governing the construction, use and operation of on-site sewage treatment
systems; providing for variances; establishing permits for construction and
repair; providing a fee for permits and establishing penalties for violation.
5-2-2 Definitions.
1.
All terms used herein which are defined in
Iowa Administrative Code 567, Chapter 69 for the Department of Natural
Resources shall have the same definition and meaning as given therein, except
as follows:
a.
Administrative Authority. The Administrative authority is the Lee
County Board of Health, and shall include its agents and employees.
b.
Person.
A person is any individual, firm, association or corporation
recognized as a legal entity and capable of suing or being sued in its own
name.
5-2-3 Scope.
1.
This act shall apply to all dwellings or
other facilities, buildings or structures meeting one of the following
criteria.
Any dwelling, facility building or structure that is:
a.
Designed to serve fifteen or less people
or the equivalent of fifteen (15) or less people;
b.
Producing fifteen hundred (1,500) gallons
or less of sewage per day;
c.
Within the Department of Natural Resources
regulations under Iowa Administrative Code 567, Chapter 69.
2.
This Ordinance shall have general
application within Lee County, Iowa except as follows:
a.
This Ordinance shall not apply to any
cities of over 25,000 population as determined by the latest federal census.
b.
This Ordinance shall not apply to any
structure where county regulations would be void or prohibited by law.
5-2-4 Construction, use and operation of on-site
sewage treatment systems.
1.
Every dwelling shall have either an
on-site sewage disposal system or be connected to a public sewage disposal
system. Every office building,
tavern, restaurant, service station and structures wherein a person or
persons work must have either an on-site sewage treatment system or be
connected to a public sewage disposal system.
2.
No person shall begin any new
construction, reconstruction or alteration of any on-site sewage treatment
system within the scope of this Ordinance unless all of the following
requirements are complied with:
a.
The construction, reconstruction or
alteration meets the requirements of the Department of Natural Resources as
published in the Iowa Administrative Code in the matter of construction,
materials, the design of the system and the system's location relative to
other fixtures, installations and property boundaries.
1.
The following additional specifications
relating to subsurface absorption system installations shall be adhered to:
a.
All lateral absorption lines shall be
placed on a minimum of 7 1/2 foot centers, to maintain adequate separation.
b.
No single lateral line shall exceed one
hundred (100) feet in length.
2.
The following specifications relating to
sand filter installations shall be adhered to:
When
a single cell sand filter system is installed, a minimum of thirty (30)
inches of sand shall be used as a filter media. Drainage fabric may be substituted for three inches of pea
gravel, or as per local availability.
b.
The appropriate construction and/or
provisional permit or permits must be obtained from the Administrative
Authority.
1.
Application forms for permits shall be
provided by the Administrative Authority.
The application form must be completed before a permit may be issued. The application may request the following:
a.
A site evaluation.
b.
Percolation test.
c.
A written authorization signed by the
owner of the property, or person in possession of the property, granting
permission to representatives of the Administrative Authority to enter upon
the property during the construction of the on-site sewage systems at such
times as is necessary to inspect the system and insure compliance with this
Ordinance.
d.
Such other and further information as may
be necessary or helpful for record
keeping and determining compliance with the Ordinance.
2.
The fee for the issuance of the permit
shall be established by resolution of the Lee County Board of Health. The fee should cover the cost of the
necessary inspection, processing, and administration. The Board of Health
may, from time to time, change the amount of the fee, by resolution. The fee must be paid prior to the issuance
of the construction and/or provisional permit. The fee is non-refundable and the provisional permit is
non-transferable.
c.
The permit shall be valid for six (6)
months from the date of issuance.
Construction must be completed during this period or a new permit must
be obtained.
3.
No person shall construct, cause to be
constructed, or operate after construction a new sewage disposal system not
meeting the Department of Natural Resources' requirements and the
requirements of this Ordinance. When
a new residence is connected to an existing sewage system, all requirements
of this Ordinance and of Iowa Administrative Code, Department of Natural
Resources, Chapter 69, relating to on-site sewage treatment, shall be met.
4.
No person shall discharge, empty or cause
to be discharged or emptied any sewage into open ditch, on or along the
public right of way, or into any stream, pond, lake, natural or artificial
water way, county drainage tile, land drainage tile, subsurface water
drainage tile, abandoned well, sink hole or any surface ground. With the approval of the Administrative
Authority, after secondary treatment of the sewage by a method approved by
the Department of Natural Resources, sewage may be drained into all of the
above named, with the exception of abandoned wells and sink holes.
5.
No person shall cause treated or untreated
sewage to be discharged onto the property of another, unless a valid and
enforceable easement has been filed with the County Recorder.
6.
No permit may be issued for construction
or major alteration of an on-site sewage disposal system for which a waiver
under Section 6(b)(2) has been applied for and received.
7.
Each individual dwelling or structure must
have either its own connection to a public sewage disposal system or its own
individual on-site sewage treatment system.
8.
The Administrative Authority shall have
the power to issue permits for temporary variances from this subsection. Said variances may be allowed, if and only
if, two dwellings on the same tract of land are occupied by individuals
related within the second degree of consanguinity and the existing on-site
disposal system can adequately handle the additional sewage load.
9.
Every retail dealer or distributor of
septic tank systems or their component parts shall notify the Lee County
Health Department within two (2) business days of the sale of any septic tank
or septic tank system intended for installation within the geographic
boundaries of Lee County, Iowa. The
dealer or distributor shall inform the Lee County Health Department of the
following:
a.
The name and address of the buyer.
b.
The address and location of the site of
intended installation.
c.
Date of sale.
The notice may be either
oral or written. This provision shall
be enforceable only against dealers or distributors who are served with a
notice of this provision. The Administrative
Authority shall make every effort to serve all area dealers or distributors.
5-2-5 Variances.
1.
One or more of the requirements of the
Department of Natural Resources regarding design, construction and materials
used in construction of an on-site sewage disposal system may be waived for
good cause shown.
a.
Where specific design requirements of the
Department of Natural Resources are waived, the effluent produced by the
on-site sewage disposal system must, after being fully treated by the system,
meet and continue to meet, throughout the period of the use of the system,
the Department of Natural Resources' standards for safe discharge.
b.
Installation and operation shall conform
to the manufacturer's instruction, and the department shall be provided with
a copy of the specification and/or modifications recommended by the
manufacturer of the proposed unit.
All mechanical aerobic units shall meet prescribed Class I standards
of the National Sanitation Foundation.
c.
To ensure that the proposed system, for
which a variance is granted, will provide adequate treatment, the
Administrative Authority shall be provided with a copy of a maintenance
contract conforming to the manufacturer's instructions and a copy of annual
laboratory results of effluent sampling.
The annual effluent sample shall be conducted under the direct
supervision of the Department during the early spring of each year. The analysis shall be conducted by an
approved laboratory, and shall be at the homeowner's expense.
d.
Continuation of the use and operation of
the unit, for which a variance is granted, as originally installed, is
subject to the issuance of an annual provisional permit. Issuance of the annual provisional permit
is based on the discharge criteria established and considered acceptable for
surface discharge as stated in the Iowa Administrative Code 567-69.9 (1)C,
and compliance with manufacturer's specifications for system operation.
e.
If no maintenance contract is in effect,
or if results of the annual effluent sample are unacceptable, the homeowner
may be required to provide laboratory copies of effluent samples conducted
midsummer and early fall, at the homeowner's expense. The issuance of the provisional permit by
the Administrative Authority does not relieve the homeowner of the
responsibility for complying with other local and state requirements
applicable.
f.
If at any given time, two consecutive
samples exceed maximum discharge criteria, an additional sample shall be
taken within thirty (30) days.
Unacceptable results from the additional sample shall result in the
addition of secondary treatment of the same magnitude as prescribed in the
Iowa Administrative Code 567, Chapter 69 (or some other approved means such
as continuous chlorination), to be initiated within one year of notification.
g.
Disinfection is required of the effluent
discharging to a stream utilized for whole body contact.
2.
The requirements of the Department of
Natural Resources may be waived only a site by site basis. No blanket waivers are available.
3.
Applications for variances must be in
writing and contain sufficient information to substantiate the need and the
propriety of the variance.
4.
Where variances are granted, the issuance
of the variance shall appear on the permit, along with the reasons for the
issuance of the variance.
5.
The Administrative Authority shall
maintain a record of all permits and variances issued.
5-2-6 Inspections.
1.
No on-site sewage disposal system shall be
constructed in such a fashion as to deny final inspection or sampling
procedures by the Administrative Authority.
Upon passage of final inspection the permit issued shall be endorsed
as meeting requirements of this Ordinance.
2.
Whenever the Administrative Authority has
reason to believe that a violation of this ordinance exists, agents or
employees of the Administrative Authority may inspect such premises with the
permission of the owners, or occupiers.
If permission is not given, an Administrative Search Warrant may be
obtained. If approved by the issuing
Magistrate, samples may be taken for the purposes of analysis.
5-2-7 Connection
to an available sanitary sewer.
1.
Any occupied structure or dwelling
situated within two hundred fifty (250) feet of a public sanitary sewer shall
be connected to the public sanitary sewer.
If the structure or dwelling is under construction, the connection
shall be made prior to occupancy. If
the structure is an existing structure or dwelling, the connection shall be
made within one (1) year of the service of notice from the Administrative
Authority upon the owners or occupiers of the premises.
2.
This requirement may, in the discretion of
the Administrative Authority, be waived or modified if, and only if, one (1)
or more of the following criteria are met:
a.
No easements for the connection of a
sewage line may be obtained.
b.
The existing or on-site structure dwelling
has an on-site sewage treatment system that meets or exceeds the requirements
of this Ordinance.
c.
The cost that the owners of the structure
or dwelling must pay to make the connection, including the cost of obtaining
the necessary easements, exceed by a factor of two (2) or more, the cost of
constructing an on-site sewage treatment system.
d.
There exists a natural or man-made
obstruction between dwellings within two hundred fifty (250) feet which makes
it impossible and inadvisable to connect the sanitary sewer system. When the connection to the sanitary sewer
cannot be made by gravity flow line, it shall be deemed inadvisable to make
the connection to the public sanitary sewer system.
e.
The municipality or other agency operating
the sanitary sewer system refuses to allow the connection.
3.
Any waiver issued hereunder is subject to
periodic review and may be revoked if the criteria for the issuance of the
waiver is no longer met. If the
waiver is to be revoked, notice shall be given to the owner and occupants of
the dwelling or structure and a connection shall be made within one year of
the receipt of the notice.
5-2-8 Flow
rates for non-residential structures.
Flow rates for non-residential structures shall meet the
standards set in the U.S. Public Health Service Manual of Septic Tank
Practices or be approved by the Department of Natural Resources.
5-2-9 Sand
Filters.
1.
Use.
Sand filters shall be used when a percolation rate in excess of one
(1) inch per sixty (60) minutes is established by a percolation test. Sand filters may also be used when an
absorption system cannot be economically placed on the development site or in
the existing lot.
5-2-10 Maintenance. It shall be the responsibility of
the owner of the dwelling on which any on-site sewage treatment system is
placed, to provide for the maintenance of the system and periodic pumping of
the septic tank as required, to maintain effluent standards. Failure to properly maintain an on-site
sewage treatment system shall be punishable as provided herein.
Published October 11, 1989
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